IRPC 3.9 (1990) RESERVED ABA MODEL RULE 3.9
Adopted July 1, 2009, Effective January 1, 2010
RULE 3.9: ADVOCATE IN NONADJUDICATIVE PROCEEDINGS
A lawyer representing a client before a
legislative body or administrative agency in a nonadjudicative
proceeding shall disclose that the appearance is in a representative
capacity and shall conform to the provisions of Rules 3.3(a) through
(c), and 3.4(a) through (c), and 3.5.
Adopted July 1, 2009, effective January 1, 2010; amended November 23, 2009, effective January 1, 2010.
Comment
[1] In representation before bodies such as
legislatures, municipal councils, and executive and administrative
agencies acting in a rulemaking or policymaking capacity, lawyers
present facts, formulate issues and advance argument in the matters
under consideration. The decisionmaking body, like a court, should be
able to rely on the integrity of the submissions made to it. A lawyer
appearing before such a body must deal with it honestly and in
conformity with applicable rules of procedure. See Rules 3.3(a) through
(c), and 3.4(a) through (c) and 3.5.
[2] Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. The requirements of this Rule therefore may subject lawyers to regulations inapplicable to advocates who are not lawyers. However, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts.
[3] This Rule only applies when a lawyer
represents a client in connection with an official hearing or meeting of
a governmental agency or a legislative body to which the lawyer or the
lawyer's client is presenting evidence or argument. It does not apply to
representation of a client in otherwise permitted lobbying
activities, a negotiation or other bilateral
transaction with a governmental agency or in connection with an
application for a license or other privilege or the client's compliance
with generally applicable reporting requirements, such as the filing of
income-tax returns. Nor does it apply to the representation of a client
in connection with an investigation or examination of the client's
affairs conducted by government investigators or examiners.
Representation in such matters is governed by Rules 4.1 through 4.4.
Adopted July 1, 2009, effective January 1, 2010; amended November 23, 2009, effective January 1, 2010.